HB 1355 — Interests of Foreign Countries

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hb1355-02-c2hb1355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1355CS/HB1355 2023 economic(c) development"Foreign programs,country grants,of orconcern" financialhas benefitsthe administeredsame bymeaning aas politicalin subdivisions. or an agent thereof.

(c) "Foreign country of concern" has the same meaning as in s.

(4) The department shall adopt rules to administer this section, including rules establishing the form for the affidavit Pagerequired 10under of31subsection CODING:(3).

Section 3.

The Division of Law Revision is directed to Page 10 of30 CODING:

hb1355-02-c2hb1355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1355CS/HB1355 2023 requiredcreate underpart subsectionIII (3).of chapter 692, Florida Statutes, consisting of ss.

692.201, 692.202, 692.203, and 692.204, Florida Statutes, to be entitled "Conveyances to Foreign Entities." Section 3.4.

The Division of Law Revision is directed to create part III of chapter 692, Florida Statutes, consisting of ss.

692.201, 692.202, 692.203, 692.204, and 692.205, Florida Statutes, to be entitled "Conveyances to Foreign Entities." Section 4.

193.461193.461. or under the comprehensive plan applicable to the land.

Page(h) 11An of31inland CODING:port or other facility or group of facilities serving as a point of intermodal transfer of freight in a specific area physically separated from a seaport.

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hb1355-02-c2hb1355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1355CS/HB1355 2023 (h)(i) AnA inlandgas portprocessing orplant, otherincluding facility or group of facilities serving as a pointplant ofused intermodal transfer of freight in athe specificprocessing, areatreatment, physicallyor separatedfractionation fromof anatural seaport.gas.

(i) A gas processing plant, including a plant used in the processing, treatment, or fractionation of natural gas.

(l)(3) An"Foreign airportcountry asof definedconcern" inmeans s.the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian Arab Republic, including any agency of or any other entity under significant control of such foreign country of concern.

333.01.

(3) "Foreign country of concern" means the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian Arab Republic, including any agency of or any other entity of significant control of such foreign country of concern.

(c) A partnership, association, corporation, organization, or other combination of personspersons, or a subsidiary of such entity, organized under the laws of or having its principal place of business in a foreign country of concern,concern; or a subsidiary of such entity;

or (d) Any person who is domiciled in a foreign country of Pageconcern 12and of31is CODING:not a citizen or lawful permanent resident of the United States.

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hb1355-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1355 2023 concern and is not a citizen or lawful permanent resident of the United States.

250.01.Page 12 of30 CODING:

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hb1355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1355 2023 250.01.

692.202 Purchase of agricultural land by foreign principals prohibited.— (1) A foreign principal may not directly or indirectly own or acquire by purchase, grant, devise, or descent agricultural land or any interest,interest except a de minimus indirect interest, in such land in thisthe state.

AThis foreignprohibition principaldoes hasnot aapply deto minimusa indirectforeign interestprincipal ifthat anyacquires ownershipagricultural in such land isfor the result of the foreign principal's ownership of registered equities in a publiclydiplomatic tradedpurpose companythat owning the land and if the foreign principal's ownership interest in the company is lessrecognized, thanacknowledged, 5 percent of any class of registered equities or lessallowed thanby 5 percent in the aggregateFederal inGovernment. multiple classes of registered equities.

(2) A foreign principal that directly or indirectly owns or acquires agricultural land or any interest in such land in thisthe state before July 1, 2023, may continue to own or hold such Pageland 13or of31interest, CODING:but may not purchase or otherwise acquire by grant, devise, or descent any additional agricultural land or interest in such land in the state.

(3)(a) A foreign principal that directly or indirectly owns or acquires agricultural land or any interest in such land in the state before July 1, 2023, must register with the Department of Agriculture and Consumer Services by January 1, 2024.

The department must establish a form for such registration, which, at minimum, must include all of the Page 13 of30 CODING:

hb1355-02-c2hb1355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1355CS/HB1355 2023 landfollowing: or interest, but may not purchase or otherwise acquire by grant, devise, or descent any additional agricultural land or interest in such land in this state.

(3)(a) A foreign principal that directly or indirectly owns or acquires agricultural land or any interest in such land in this state before July 1, 2023, must register with the Department of Agriculture and Consumer Services by January 1, 2024.

The department must establish a form for such registration, which, at minimum, must include all of the following:

(4) Notwithstanding subsection (1), a foreign principal may acquire agricultural land on or after July 1, 2023, by devise or descent, through the enforcement of security Pageinterests, 14or of31through CODING:the collection of debts, provided that the foreign principal sells, transfers, or otherwise divests itself of such agricultural land within 2 years after acquiring the agricultural land.

(5)(a) At the time of purchase, a buyer of agricultural land or an interest in such land must provide an affidavit signed under penalty of perjury attesting that the buyer is not a foreign principal and is in compliance with the requirements of this section.

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hb1355-02-c2hb1355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1355CS/HB1355 2023 interests,(b) orThe throughfailure theto collectionobtain of debts, provided that the foreign principal sells, transfers, or otherwisemaintain divestssuch itselfaffidavit ofdoes thenot: agricultural land within 2 years after acquiring the agricultural land.

(5)(a) At the time of purchase, a buyer of agricultural land or an interest in such land must provide an affidavit signed under penalty of perjury attesting that the buyer is:

Not a foreign principal;

and 2.

In compliance with the requirements of this section.

(b) The failure to obtain or maintain the affidavit does not:

1.

Subject the closing agent to civil or criminal liability, except for liability under chapter 837, unless the closing agent has actual knowledge that the transaction will result in a violation of this section.

(b) The Department of Agriculture and Consumer Services may initiate a civil action in the circuit court of the county in which the property lies for the forfeiture of the Pageagricultural 15land of31or CODING:any interest therein.

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hb1355-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1355 2023 agricultural land or any interest therein.

(d)Page If15 theof30 courtCODING: finds that the agricultural land, or any portion thereof, is owned or held in violation of this section, the court must enter a final judgment of forfeiture vesting title to the agricultural land in this state, subject only to the rights and interests of bona fide lienholders, and such final judgment relates back to the date of the lis pendens.

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hb1355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1355 2023 (d) If the court finds that the agricultural land, or any portion thereof, is owned or held in violation of this section, the court must enter a final judgment of forfeiture vesting title to the agricultural land in the state, subject only to the rights and interests of bona fide lienholders, and such final judgment relates back to the date of the lis pendens.

(f) At any time during the forfeiture proceeding the department may seek an ex parte order of seizure of the agricultural land upon a showing that the defendant's control of Pagethe 16agricultural of31land CODING:constitutes a clear and present danger to the state.

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hb1355-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1355 2023 the agricultural land constitutes a clear and present danger to the state.

(8) A person who knowingly sells agricultural land or any interest therein in violation of this section commits a misdemeanorPage of16 theof30 secondCODING: degree, punishable as provided in s.

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hb1355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1355 2023 misdemeanor of the second degree, punishable as provided in s.

692.203 Purchase of real property on or around military installations and critical infrastructure facilities by foreign principals prohibited.— (1) A foreign principal may not directly or indirectly own or acquire by purchase, grant, devise, or descent any interest,interest except a de minimus indirect interest, in real property on or within 20 miles of any military installation or critical infrastructure facility in thisthe state.

AThis foreignprohibition principaldoes hasnot aapply deto minimusa indirect interest if any ownership is the result of the foreign principal'sprincipal ownershipthat ofacquires registeredreal equitiesproperty infor a publiclydiplomatic tradedpurpose companythat owningis therecognized, landacknowledged, andor ifallowed by the foreignFederal PageGovernment. 17 of31 CODING:

(2) A foreign principal that directly or indirectly owns or acquires any interest in real property within 20 miles of any military installation or critical infrastructure facility in the state before July 1, 2023, may continue to own or hold such real property, but may not purchase or otherwise acquire by grant, devise, or descent any additional real property within 20 miles of any military installation or critical infrastructure facility in the state.

(3)(a) A foreign principal that owns or acquires real Page 17 of30 CODING:

hb1355-02-c2hb1355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1355CS/HB1355 2023 principal'sproperty ownershipwithin interest20 inmiles theof companyany ismilitary lessinstallation thanor 5critical percentinfrastructure offacility anyin classthe ofstate registeredbefore equitiesJuly or1, less2023, thanmust 5register percentwith in the aggregateDepartment inof multipleEconomic classesOpportunity ofby registeredJanuary equities.1, 2024.

(2) A foreign principal that directly or indirectly owns or acquires any interest in real property on or within 20 miles of any military installation or critical infrastructure facility in this state before July 1, 2023, may continue to own or hold such real property, but may not purchase or otherwise acquire by grant, devise, or descent any additional real property on or within 20 miles of any military installation or critical infrastructure facility in this state.

(3)(a) A foreign principal that owns or acquires real property on or within 20 miles of any military installation or critical infrastructure facility in this state before July 1, 2023, must register with the Department of Economic Opportunity by January 1, 2024.

(b) A foreign principal that fails to timely file a registration with the department is subject to a civil penalty Pageof 18$1,000 of31for CODING:each day that the registration is late.

The department may place a lien against the unregistered real property for the unpaid balance of any penalties assessed under this paragraph.

(4) Notwithstanding subsection (1), a foreign principal may acquire real property or any interest therein which is within 20 miles of any military installation or critical infrastructure facility in the state on or after July 1, 2023, by devise or descent, through the enforcement of security interests, or through the collection of debts, provided that the foreign principal sells, transfers, or otherwise divests itself of such real property within 2 years after acquiring the real property.

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hb1355-02-c2hb1355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1355CS/HB1355 2023 (5)(a) At the time of $1,000purchase, fora eachbuyer dayof real property that is within 20 miles of any military installation or critical infrastructure facility in the registrationstate must provide an affidavit signed under penalty of perjury attesting that the buyer is late.not a foreign principal and is in compliance with the requirements of this section.

(b) The departmentfailure mayto placeobtain aor lienmaintain againstsuch theaffidavit unregistereddoes realnot: property for the unpaid balance of any penalties assessed under this paragraph.

(4) Notwithstanding subsection (1), a foreign principal may acquire real property or any interest therein which is within 20 miles of any military installation or critical infrastructure facility in this state on or after July 1, 2023, by devise or descent, through the enforcement of security interests, or through the collection of debts, provided that the foreign principal sells, transfers, or otherwise divests itself of such real property within 2 years after acquiring the real property.

(5)(a) At the time of purchase, a buyer of the real property that is on or within 20 miles of any military installation or critical infrastructure facility in this state must provide an affidavit signed under penalty of perjury attesting that the buyer is:

Not a foreign principal;

and 2.

In compliance with the requirements of this section.

(b) The failure to obtain or maintain the affidavit does not:

1.

Subject the closing agent to civil or criminal Pageliability, 19except of31for CODING:liability under chapter 837, unless the closing agent has actual knowledge that the transaction will result in a violation of this section.

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hb1355-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1355 2023 liability, unless the closing agent has actual knowledge that the transaction will result in a violation of this section.

(c) Upon filing such action, the clerk must record a lis pendensPage in19 accordanceof30 withCODING: s.

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hb1355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1355 2023 pendens in accordance with s.

(d) If the court finds that the real property, or any portion thereof, is owned or held in violation of this section, the court must enter a final judgment of forfeiture vesting title to the real property in thisthe state, subject only to the rights and interests of bona fide lienholders, and such final judgment relates back to the date of the lis pendens.

Page(e) 20The of31department CODING:may sell the real property subject to a final judgment of forfeiture.

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hb1355-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1355 2023 (e) The department may sell the real property subject to a final judgment of forfeiture.

(7) A foreign principal that purchases or acquires real propertyPage or20 anyof30 interestCODING: therein in violation of this section commits a misdemeanor of the second degree, punishable as provided in s.

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hb1355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1355 2023 property or any interest therein in violation of this section commits a misdemeanor of the second degree, punishable as provided in s.

692.204 Purchase or acquisition of real property by the PagePeople's 21Republic of31of CODING:China prohibited.— (1)(a) The following persons or entities may not directly or indirectly own or acquire by purchase, grant, devise, or descent any interest in real property in the state:

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hb1355-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1355 2023 People's Republic of China prohibited.— (1)(a) The following persons or entities may not directly or indirectly own or acquire by purchase, grant, devise, or descent any interest, except a de minimus indirect interest, in real property in this state:

A partnership, an association, a corporation, an organization, or any other combination of personspersons, organizedor undera thesubsidiary laws of orsuch havingentity, itsorganized principalunder place of business in the People'slaws Republic of China, or ahaving subsidiaryPage of21 suchof30 entity.CODING:

4.

Any person who is domiciled in the People's Republic of China and who is not a citizen or lawful permanent resident of the United States.

(b) A person or entity has a de minimus indirect interest if any ownership is the result of the person's or entity's ownership of registered equities in a publicly traded company owning the land and if the person's or entity's ownership interest in the company is less than 5 percent of any class of registered equities or less than 5 percent in the aggregate in multiple classes of registered equities.

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hb1355-02-c2hb1355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1355CS/HB1355 2023 (2)its Aprincipal personplace orof entitybusiness described in paragraphthe (1)(a)People's thatRepublic directlyof orChina. indirectly owns or acquires any interest in real property in this state before July 1, 2023, may continue to own or hold such real property, but may not purchase or otherwise acquire by grant, devise, or descent any additional real property in this state.

(3)(a)4. A person or entity described in paragraph (1)(a) that owns or acquires real property in this state before July 1, 2023, must register with the Department of Economic Opportunity by January 1, 2024.

Any person who is domiciled in the People's Republic of China and who is not a citizen or lawful permanent resident of the United States.

(b) Paragraph (a) does not apply to a person or entity of the People's Republic of China that acquires real property for a diplomatic purpose that is recognized, acknowledged, or allowed by the Federal Government.

(2) A person or entity described in paragraph (1)(a) that directly or indirectly owns or acquires any interest in real property in the state before July 1, 2023, may continue to own or hold such real property, but may not purchase or otherwise acquire by grant, devise, or descent any additional real property in the state.

(3)(a) A person or entity described in paragraph (1)(a) that owns or acquires real property in the state before July 1, 2023, must register with the Department of Economic Opportunity by January 1, 2024.

(b)Page A22 personof30 orCODING: entity that fails to timely file a registration with the department is subject to a civil penalty of $1,000 for each day that the registration is late.

The department may place a lien against the unregistered real property for the unpaid balance of any penalties assessed under this paragraph.

(4) Notwithstanding subsection (1), a person or an entity described in paragraph (1)(a) may acquire real property in this state on or after July 1, 2023, by devise or descent, through Page 23 of31 CODING:

hb1355-02-c2hb1355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1355CS/HB1355 2023 the(b) enforcementA ofperson securityor interests,entity orthat throughfails theto collectiontimely offile debts,a providedregistration thatwith the persondepartment oris entitysubject sells,to transfers,a orcivil otherwisepenalty divests itself of such$1,000 realfor propertyeach withinday 2that years after acquiring the realregistration property, unless the person or entity is exemptlate. under s.

692.205.The department may place a lien against the unregistered real property for the unpaid balance of any penalties assessed under this paragraph.

(5)(a)(4) AtNotwithstanding thesubsection time(1), ofa purchase,person aor buyerentity ofdescribed in paragraph (1)(a) may acquire real property in thisthe state muston provideor anafter affidavitJuly signed1, under2023, penaltyby devise or descent, through the enforcement of perjurysecurity attestinginterests, or through the collection of debts, provided that the buyerperson is:or entity sells, transfers, or otherwise divests itself of such real property within 2 years after acquiring the real property unless the person or entity is exempt under paragraph (1)(b).

(5)(a) At the time of purchase, a buyer of real property in the state must provide an affidavit signed under penalty of perjury attesting that the buyer is not a person or entity described in paragraph (1)(a) and is in compliance with this section.

(b) The failure to obtain or maintain such affidavit does not:

Not a person or entity described in paragraph (1)(a);

and 2.

In compliance with the requirements of this section.

(b) The failure to obtain or maintain the affidavit does not:

1.

Subject the closing agent to civil or criminal liability, unlessexcept thefor closingliability agentunder haschapter actual837, knowledgeunless that the transactionPage will23 resultof30 inCODING: a violation of this section.

(c) The Florida Real Estate Commission shall adopt rules to implement this subsection, including rules establishing the form for the affidavit required under this subsection.

(6)(a) If any real property is owned or acquired in violation of this section, the real property may be forfeited to the state.

(b) The Department of Economic Opportunity may initiate a Page 24 of31 CODING:

hb1355-02-c2hb1355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1355CS/HB1355 2023 civilclosing actionagent inhas theactual circuitknowledge courtthat of the countytransaction inwill whichresult thein propertya liesviolation for the forfeiture of thethis realsection. property or any interest therein.

(c) The Florida Real Estate Commission shall adopt rules to implement this subsection, including rules establishing the form for the affidavit required under this subsection.

(6)(a) If any real property is owned or acquired in violation of this section, the real property may be forfeited to the state.

(b) The Department of Economic Opportunity may initiate a civil action in the circuit court of the county in which the property lies for the forfeiture of the real property or any interest therein.

(d) If the court finds that the real property, or any portion thereof, is owned or held in violation of this section, the court must enter a final judgment of forfeiture vesting title to the real property in thisthe state, subject only to the rights and interests of bona fide lienholders, and such final judgment relates back to the date of the lis pendens.

(e)Page The24 departmentof30 mayCODING: sell the real property subject to a final judgment of forfeiture.

Any proceeds from the sale must first be paid to any lienholders of the land, followed by payment of any outstanding fines assessed pursuant to this section, after which the department must be reimbursed for all costs related to the forfeiture civil action and any costs related to the sale of the land.

Any remaining proceeds must be paid to the property owner.

(f) At any time during the forfeiture proceeding the Page 25 of31 CODING:

hb1355-02-c2hb1355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1355CS/HB1355 2023 (e) The department may seeksell an ex parte order of seizure of the real property uponsubject to a showingfinal thatjudgment the defendant's control of theforfeiture. real property constitutes a clear and present danger to the state.

Any proceeds from the sale must first be paid to any lienholders of the land, followed by payment of any outstanding fines assessed pursuant to this section, after which the department must be reimbursed for all costs related to the forfeiture civil action and any costs related to the sale of the land.

Any remaining proceeds must be paid to the property owner.

(f) At any time during the forfeiture proceeding the department may seek an ex parte order of seizure of the real property upon a showing that the defendant's control of the real property constitutes a clear and present danger to the state.

SectionPresent 692.205,subsections (3), (4), and (5) of section 408.051, Florida Statutes, are redesignated as subsections (4), (5), and (6), respectively, a new subsection (3) is createdadded to read:that section, and subsection (2) of that section Page 25 of30 CODING:

692.205 Inapplicability of this part to real property for diplomatic purposes.—This part does not apply to a foreign principal that acquires real property for a diplomatic purpose that is recognized, acknowledged, or allowed by the Federal Government.

Section 9.

Subsections (3), (4), and (5) of section 408.051, Florida Statutes, are renumbered as subsections (4), (5), and (6), respectively, subsection (2) is reordered and amended, and a new subsection (3) is added to that section, to read:

408.051 Florida Electronic Health Records Exchange Act.— Page 26 of31 CODING:

hb1355-02-c2hb1355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1355CS/HB1355 2023 (2)is DEFINITIONS.—Asreordered usedand inamended, thisto section,read: the term:

408.051 Florida Electronic Health Records Exchange Act.— (2) DEFINITIONS.—As used in this section, the term:

(d)Page "Health26 careof30 provider"CODING: means any of the following:

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hb1355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1355 2023 (d) "Health care provider" means any of the following:

Page2. 27 of31 CODING:

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hb1355-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1355 2023 2.

(h)(g) "Patient representative" means a parent of a minor patient, a court-appointed guardian for the patient, a health care surrogate, or a person holding a power of attorney or notarized consent appropriately executed by the patient granting permission to a health care facility or health care provider to Page 2827 of31of30 CODING:

hb1355-02-c2hb1355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1355CS/HB1355 2023 notarized consent appropriately executed by the patient granting permission to a health care facility or health care provider to disclose the patient's health care information to that person.

Section 10.9.

408.810 Minimum licensure requirements.—In addition to the licensure requirements specified in this part, authorizing statutes, and applicable rules, each applicant and licensee must Page 2928 of31of30 CODING:

hb1355-02-c2hb1355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1355CS/HB1355 2023 licensure requirements specified in this part, authorizing statutes, and applicable rules, each applicant and licensee must comply with the requirements of this section in order to obtain and maintain a license.

SectionPage 11.29 of30 CODING:

Section 836.05, Florida Statutes, is amended to read:

Page 30 of31 CODING:

hb1355-02-c2hb1355-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1355CS/HB1355 2023 836.05Section Threats;10.

Section 836.05, Florida Statutes, is amended to read:

836.05 Threats;

Section 12.11.

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hb1355-02-c2hb1355-01-c1